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Police officer's appeal of insubordination conviction for leaving loaded firearm unsecured on desk dismissed.
The appellant, a detective constable, appealed a finding of guilt for insubordination after leaving his loaded service firearm unsecured on his desk.
He argued that he did not receive proper notice of the chief's complaint under the Police Services Act and sought to introduce new evidence regarding a past misconduct conviction of the main witness.
The Ontario Civilian Police Commission denied the motion to introduce new evidence, finding it did not meet the Palmer test.
The Commission dismissed the appeal, concluding that the hearing officer reasonably found that proper notice was given during the informal resolution process and that the evidence clearly supported the finding that the appellant failed to secure his firearm.
Commission lacks jurisdiction to hear disciplinary appeal because the respondent officer retired from the force.
The appellant appealed a disciplinary hearing decision that found a police officer not guilty of breach of confidence.
Before the written decision was released, the officer retired from the Ontario Provincial Police.
The retired officer brought a motion challenging the Commission's jurisdiction to hear the appeal.
The Commission granted the motion, finding that under the Police Services Act, it only has jurisdiction over active police officers.
Because the officer had retired, he was no longer a police officer as defined by the Act, and the Commission therefore lacked jurisdiction to hear the appeal.
Commission lacks jurisdiction to hear disciplinary appeal regarding a police officer who has retired.
The appellant sought to appeal a disciplinary hearing decision that found the respondent police officer not guilty of breach of confidence.
Prior to the release of the written decision, the respondent retired from the Ontario Provincial Police.
The respondent brought a motion challenging the Commission's jurisdiction to hear the appeal.
The Commission granted the motion, finding that under the Police Services Act, it only has jurisdiction over active police officers, and therefore lacks authority to hear an appeal concerning a retired officer.
